MAMAMAYANG Liberal (ML) Party-list Rep. Leila de Lima on Tuesday cautioned the new Senate majority, stressing that it has no constitutional option but to convene as an impeachment court once the Articles of Impeachment against Vice President Sara Z. Duterte reach the chamber, saying any attempt to block the process could trigger a petition for mandamus before the Supreme Court (SC).
The advice came a day after the House impeached Duterte by 257 affirmative votes, with 25 voting no and nine abstaining. The House vote was Duterte’s second impeachment in two years and exceeded last year’s 215-member backing.
For De Lima, the timing of Monday’s Senate leadership coup is impossible to separate from the impeachment. Alan Peter Cayetano replaced Tito Sotto III after 13 senators backed a leadership change, a move widely read as reshaping the chamber on the eve of the Senate trial.
In an interview, De Lima said the public is right to ask what the new majority intends to do with the case.
“Of course it happened because of the numbers na nakakuha sila ng 13. Now, hindi natin maiwasan magduda o mag-suspect na ‘yun ay may kinalaman sa impeachment, dahil alam naman nila na kahapon ‘yung voting dito sa House, at alam naman nila na may numero and it turned out to be really an overwhelming majority ng bumoto ng yes for the impeachment of the VP.”
She followed that with the question that now hangs over the Senate: “So, they did that change of leadership. Ano pang ibig sabihin noon? Ano ho ba ang balak nila? Yun po ang tanong natin. Ano ho ba ang balak nila nung bagong majority sa proseso ng impeachment?”
De Lima said the Constitution leaves no discretion on the basic duty to move. “Tatalakayin ba agad nila yung articles of impeachment once this are transmitted to the senate, kasi sa House ita-transmit kaagad ‘yan kung hindi nga ngayong araw bukas ita-transmit ‘yung articles, so yung i-accept ba kaagad nila ‘yan ‘yung articles of impeachment, they have to wala silang choice, magco-convene ba kaagad sila as an impeachment court again they have to wala na naman silang choice sa usapin na ‘yan kasi malinaw sa Constitution na trial shall forthwith proceed kapag nandoon sa kanila yung articles of impeachment.”
Her point was not that trial proper begins immediately, but that the Senate must immediately set in motion the constitutional machinery by formally accepting the articles, convening, and taking the oath as senator-judges.
She acknowledged that the Supreme Court’s recent ruling gave the Senate some leeway on timing by reading “forthwith” as action within a reasonable period. But she said that leeway does not erase the duty to convene.
“Pero at least gumagalaw ang Senado kapag ganyan ang gagawin nila, ang importante po at inaasahin natin ay magconvene kaagad sila at sumumpa na sila as senator judges para umusad na ang proseso, not necessarily trila proper but other preliminary processes.”
De Lima then laid out the legal remedy if the Senate majority tries to stop the case altogether.
“Kung hindi agad matuloy lalo na kung manaig ang majority na huwag na lang tayong mag-convene as an impeachment court, nandyan ang remedy ng petition for mandamus. Because the act of convening and conducting a trial is a ministerial duty, as can be seen from the Constitution. Wala silang option, wala silang discretion, prerogative o kapangyarihan na huwag itong gawin. So dapat gawin nila yan. And that would be the proper course of action, a petition for mandamus before the SC,” de Lima said.
The lawmaker warned that refusal to convene would be a constitutional breach.
“Pag hindi sila mag-convene, that would be in breach of their constitutional duty, so tingnan natin kung anong puwedeng mga steps kung ano ‘yung puwedeng maging hakbang para sila rin ang mapanagot.”
She then explained what mandamus would do and why it is the first line of legal response: “Well, a petition for mandamus…iko-compel lang sila to convene as an impeachment court. Iyon po ang ibig sabihin ng petition for mandamus.”
De Lima said questions of administrative or criminal liability, including possible dereliction of duty, can be discussed later. The first order of battle, in her telling, is simple: compel the Senate to move.
“So umaasa pa rin tayo na gagawin ng Senado, kahit mayroong pagbabago ng liderato, na gagawin ng Senado na ayon lahat sa Saligang Batas, yung usapin ng pananagutan o pagpapanagot.”
